Opinion
July Term, 1811.
From Robeson.
A, B and C are tenants in common of certain negro slaves. B takes possession of the slaves, and A demands of him to deliver over to him one-third of them. B refuses, and A brings an action of trover against him to recover the value of one-third of the slaves. This action cannot be maintained.
THIS was an action of trover to recover one-third of the value of a slave. On the trial it appeared in evidence that the plaintiff and defendant were brothers, and they, with another brother, purchased a negro woman for the purpose of waiting upon their mother during her life. After her death the negro woman went into the possession of the defendant, she then having several children. The plaintiff called on the defendant and demanded his share of the negroes; the defendant refused to deliver them over, and thereupon he brought this suit. The defendant insisted that he being a tenant in common with the plaintiff of the negroes, trover would not lie against him for the plaintiff's third part; and this objection to the plaintiff's recovery was sent to this Court.
This action cannot be maintained in the present case. Let a nonsuit be entered.
Cited: Bonner v. Latham, 23 N.C. 275; Powell v. Hill, 64 N.C. 171; Grim v. Wicker, 80 N.C. 344; Strauss v. Crawford, 89 N.C. 151.
(66)